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State of Uttar Pradesh - Section

Section 3 in The U.P. Dookan Aur Vanijya Adhisthan Adhiniyam, 1962

3. The provisions of the Act not to apply to certain persons, shops and commercial establishments.

(1)The provisions of this Act shall have no application to-
(a)employee occupying positions of confidential, managerial or supervisory character in shop or commercial establishment, wherein more than five employees are employed:
Provided that the number of employees so exempted in a shop or commercial establishments shall not exceed ten per cent of the total number of employees thereof;
(b)employees whose work is inherently intermittent, as in the case of a traveller or canvasser;
(c)officers of Government or local-authorities;
(d)officers of Reserve Bank of India;
(e)establishments for the treatment or care of the sick, infirm, destitute or mentally unfit; and
(f)members of the family of an employer.
(2)A list of the employees referred to in clause (a) of sub-section (1) shall be displayed at a conspicuous place in the shop or commercial establishment and a copy thereof shall be sent to the Inspector concerned.
(3)Powers of the Government to exempt any class of shops or commercial establishment from the operation of the Act. - The State Government may, in public interest, by notification in the Gazette, exempt, subject to such conditions as it may impose in this behalf, any shop or commercial establishment or any class of shops or commercial establishments from the operation of all or any of the provisions of this Act.
(4)Withdrawal of exemption by the State Government. - The State Government may, likewise by notification in the Gazette, withdraw in whole or in part, permanently, or for such period as may be specified, any exemption granted under sub-section (3).[Chapter I-A] [Chapter I-A inserted by Section 3 of the U.P. Dookan Aur Vanijya Adishthan (Sanshodhan) Adhiniyam, 1976 (U.P. Act 54 of 1976).] Registration of Shops and Commercial Establishments